§ 1854. — Action by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1854]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 1854. Action by Secretary
(a) Review of plans
(1) Upon transmittal by the Council to the Secretary of a fishery
management plan or plan amendment, the Secretary shall--
(A) immediately commence a review of the plan or amendment to
determine whether it is consistent with the national standards, the
other provisions of this chapter, and any other applicable law; and
(B) immediately publish in the Federal Register a notice stating
that the plan or amendment is available and that written
information, views, or comments of interested persons on the plan or
amendment may be submitted to the Secretary during the 60-day period
beginning on the date the notice is published.
(2) In undertaking the review required under paragraph (1), the
Secretary shall--
(A) take into account the information, views, and comments
received from interested persons;
(B) consult with the Secretary of State with respect to foreign
fishing; and
(C) consult with the Secretary of the department in which the
Coast Guard is operating with respect to enforcement at sea and to
fishery access adjustments referred to in section 1853(a)(6) of this
title.
(3) The Secretary shall approve, disapprove, or partially approve a
plan or amendment within 30 days of the end of the comment period under
paragraph (1) by written notice to the Council. A notice of disapproval
or partial approval shall specify--
(A) the applicable law with which the plan or amendment is
inconsistent;
(B) the nature of such inconsistencies; and
(C) recommendations concerning the actions that could be taken
by the Council to conform such plan or amendment to the requirements
of applicable law.
If the Secretary does not notify a Council within 30 days of the end of
the comment period of the approval, disapproval, or partial approval of
a plan or amendment, then such plan or amendment shall take effect as if
approved.
(4) If the Secretary disapproves or partially approves a plan or
amendment, the Council may submit a revised plan or amendment to the
Secretary for review under this subsection.
(5) For purposes of this subsection and subsection (b) of this
section, the term ``immediately'' means on or before the 5th day after
the day on which a Council transmits to the Secretary a fishery
management plan, plan amendment, or proposed regulation that the Council
characterizes as final.
(b) Review of regulations
(1) Upon transmittal by the Council to the Secretary of proposed
regulations prepared under section 1853(c) of this title, the Secretary
shall immediately initiate an evaluation of the proposed regulations to
determine whether they are consistent with the fishery management plan,
plan amendment, this chapter and other applicable law. Within 15 days of
initiating such evaluation the Secretary shall make a determination
and--
(A) if that determination is affirmative, the Secretary shall
publish such regulations in the Federal Register, with such
technical changes as may be necessary for clarity and an explanation
of those changes, for a public comment period of 15 to 60 days; or
(B) if that determination is negative, the Secretary shall
notify the Council in writing of the inconsistencies and provide
recommendations on revisions that would make the proposed
regulations consistent with the fishery management plan, plan
amendment, this chapter, and other applicable law.
(2) Upon receiving a notification under paragraph (1)(B), the
Council may revise the proposed regulations and submit them to the
Secretary for reevaluation under paragraph (1).
(3) The Secretary shall promulgate final regulations within 30 days
after the end of the comment period under paragraph (1)(A). The
Secretary shall consult with the Council before making any revisions to
the proposed regulations, and must publish in the Federal Register an
explanation of any differences between the proposed and final
regulations.
(c) Preparation and review of Secretarial plans
(1) The Secretary may prepare a fishery management plan, with
respect to any fishery, or any amendment to any such plan, in accordance
with the national standards, the other provisions of this chapter, and
any other applicable law, if--
(A) the appropriate Council fails to develop and submit to the
Secretary, after a reasonable period of time, a fishery management
plan for such fishery, or any necessary amendment to such a plan, if
such fishery requires conservation and management;
(B) the Secretary disapproves or partially disapproves any such
plan or amendment, or disapproves a revised plan or amendment, and
the Council involved fails to submit a revised or further revised
plan or amendment; or
(C) the Secretary is given authority to prepare such plan or
amendment under this section.
(2) In preparing any plan or amendment under this subsection, the
Secretary shall--
(A) conduct public hearings, at appropriate times and locations
in the geographical areas concerned, so as to allow interested
persons an opportunity to be heard in the preparation and amendment
of the plan and any regulations implementing the plan; and
(B) consult with the Secretary of State with respect to foreign
fishing and with the Secretary of the department in which the Coast
Guard is operating with respect to enforcement at sea.
(3) Notwithstanding paragraph (1) for a fishery under the authority
of a Council, the Secretary may not include in any fishery management
plan, or any amendment to any such plan, prepared by him, a provision
establishing a limited access system, including any individual fishing
quota program, unless such system is first approved by a majority of the
voting members, present and voting, of each appropriate Council.
(4) Whenever the Secretary prepares a fishery management plan or
plan amendment under this section, the Secretary shall immediately--
(A) for a plan or amendment for a fishery under the authority of
a Council, submit such plan or amendment to the appropriate Council
for consideration and comment; and
(B) publish in the Federal Register a notice stating that the
plan or amendment is available and that written information, views,
or comments of interested persons on the plan or amendment may be
submitted to the Secretary during the 60-day period beginning on the
date the notice is published.
(5) Whenever a plan or amendment is submitted under paragraph
(4)(A), the appropriate Council must submit its comments and
recommendations, if any, regarding the plan or amendment to the
Secretary before the close of the 60-day period referred to in paragraph
(4)(B). After the close of such 60-day period, the Secretary, after
taking into account any such comments and recommendations, as well as
any views, information, or comments submitted under paragraph (4)(B),
may adopt such plan or amendment.
(6) The Secretary may propose regulations in the Federal Register to
implement any plan or amendment prepared by the Secretary. In the case
of a plan or amendment to which paragraph (4)(A) applies, such
regulations shall be submitted to the Council with such plan or
amendment. The comment period on proposed regulations shall be 60 days,
except that the Secretary may shorten the comment period on minor
revisions to existing regulations.
(7) The Secretary shall promulgate final regulations within 30 days
after the end of the comment period under paragraph (6). The Secretary
must publish in the Federal Register an explanation of any substantive
differences between the proposed and final rules. All final regulations
must be consistent with the fishery management plan, with the national
standards and other provisions of this chapter, and with any other
applicable law.
(d) Establishment of fees
(1) The Secretary shall by regulation establish the level of any
fees which are authorized to be charged pursuant to section 1853(b)(1)
of this title. The Secretary may enter into a cooperative agreement with
the States concerned under which the States administer the permit system
and the agreement may provide that all or part of the fees collected
under the system shall accrue to the States. The level of fees charged
under this subsection shall not exceed the administrative costs incurred
in issuing the permits.
(2)(A) Notwithstanding paragraph (1), the Secretary is authorized
and shall collect a fee to recover the actual costs directly related to
the management and enforcement of any--
(i) individual fishing quota program; and
(ii) community development quota program that allocates a
percentage of the total allowable catch of a fishery to such
program.
(B) Such fee shall not exceed 3 percent of the ex-vessel value of
fish harvested under any such program, and shall be collected at either
the time of the landing, filing of a landing report, or sale of such
fish during a fishing season or in the last quarter of the calendar year
in which the fish is harvested.
(C)(i) Fees collected under this paragraph shall be in addition to
any other fees charged under this chapter and shall be deposited in the
Limited Access System Administration Fund established under section
1855(h)(5)(B) of this title, except that the portion of any such fees
reserved under section 1853(d)(4)(A) of this title shall be deposited in
the Treasury and available, subject to annual appropriations, to cover
the costs of new direct loan obligations and new loan guarantee
commitments as required by section 661c(b)(1) \1\ of title 2.
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\1\ See References in Text note below.
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(ii) Upon application by a State, the Secretary shall transfer to
such State up to 33 percent of any fee collected pursuant to
subparagraph (A) under a community development quota program and
deposited in the Limited Access System Administration Fund in order to
reimburse such State for actual costs directly incurred in the
management and enforcement of such program.
(e) Rebuilding overfished fisheries
(1) The Secretary shall report annually to the Congress and the
Councils on the status of fisheries within each Council's geographical
area of authority and identify those fisheries that are overfished or
are approaching a condition of being overfished. For those fisheries
managed under a fishery management plan or international agreement, the
status shall be determined using the criteria for overfishing specified
in such plan or agreement. A fishery shall be classified as approaching
a condition of being overfished if, based on trends in fishing effort,
fishery resource size, and other appropriate factors, the Secretary
estimates that the fishery will become overfished within two years.
(2) If the Secretary determines at any time that a fishery is
overfished, the Secretary shall immediately notify the appropriate
Council and request that action be taken to end overfishing in the
fishery and to implement conservation and management measures to rebuild
affected stocks of fish. The Secretary shall publish each notice under
this paragraph in the Federal Register.
(3) Within one year of an identification under paragraph (1) or
notification under paragraphs (2) or (7), the appropriate Council (or
the Secretary, for fisheries under section 1852(a)(3) of this title)
shall prepare a fishery management plan, plan amendment, or proposed
regulations for the fishery to which the identification or notice
applies--
(A) to end overfishing in the fishery and to rebuild affected
stocks of fish; or
(B) to prevent overfishing from occurring in the fishery
whenever such fishery is identified as approaching an overfished
condition.
(4) For a fishery that is overfished, any fishery management plan,
amendment, or proposed regulations prepared pursuant to paragraph (3) or
paragraph (5) for such fishery shall--
(A) specify a time period for ending overfishing and rebuilding
the fishery that shall--
(i) be as short as possible, taking into account the status
and biology of any overfished stocks of fish, the needs of
fishing communities, recommendations by international
organizations in which the United States participates, and the
interaction of the overfished stock of fish within the marine
ecosystem; and
(ii) not exceed 10 years, except in cases where the biology
of the stock of fish, other environmental conditions, or
management measures under an international agreement in which
the United States participates dictate otherwise;
(B) allocate both overfishing restrictions and recovery benefits
fairly and equitably among sectors of the fishery; and
(C) for fisheries managed under an international agreement,
reflect traditional participation in the fishery, relative to other
nations, by fishermen of the United States.
(5) If, within the one-year period beginning on the date of
identification or notification that a fishery is overfished, the Council
does not submit to the Secretary a fishery management plan, plan
amendment, or proposed regulations required by paragraph (3)(A), the
Secretary shall prepare a fishery management plan or plan amendment and
any accompanying regulations to stop overfishing and rebuild affected
stocks of fish within 9 months under subsection (c) of this section.
(6) During the development of a fishery management plan, a plan
amendment, or proposed regulations required by this subsection, the
Council may request the Secretary to implement interim measures to
reduce overfishing under section 1855(c) of this title until such
measures can be replaced by such plan, amendment, or regulations. Such
measures, if otherwise in compliance with the provisions of this
chapter, may be implemented even though they are not sufficient by
themselves to stop overfishing of a fishery.
(7) The Secretary shall review any fishery management plan, plan
amendment, or regulations required by this subsection at routine
intervals that may not exceed two years. If the Secretary finds as a
result of the review that such plan, amendment, or regulations have not
resulted in adequate progress toward ending overfishing and rebuilding
affected fish stocks, the Secretary shall--
(A) in the case of a fishery to which section 1852(a)(3) of this
title applies, immediately make revisions necessary to achieve
adequate progress; or
(B) for all other fisheries, immediately notify the appropriate
Council. Such notification shall recommend further conservation and
management measures which the Council should consider under
paragraph (3) to achieve adequate progress.
(f) Fisheries under authority of more than one Council
(1) Except as provided in paragraph (3),\1\ if any fishery extends
beyond the geographical area of authority of any one Council, the
Secretary may--
(A) designate which Council shall prepare the fishery management
plan for such fishery and any amendment to such plan; or
(B) may require that the plan and amendment be prepared jointly
by the Councils concerned.
No jointly prepared plan or amendment may be submitted to the Secretary
unless it is approved by a majority of the voting members, present and
voting, of each Council concerned.
(2) The Secretary shall establish the boundaries between the
geographical areas of authority of adjacent Councils.
(g) Atlantic highly migratory species
(1) Preparation and implementation of plan or plan amendment
The Secretary shall prepare a fishery management plan or plan
amendment under subsection (c) of this section with respect to any
highly migratory species fishery to which section 1852(a)(3) of this
title applies. In preparing and implementing any such plan or
amendment, the Secretary shall--
(A) consult with and consider the comments and views of
affected Councils, commissioners and advisory groups appointed
under Acts implementing relevant international fishery
agreements pertaining to highly migratory species, and the
advisory panel established under section 1852(g) of this title;
(B) establish an advisory panel under section 1852(g) of
this title for each fishery management plan to be prepared under
this paragraph;
(C) evaluate the likely effects, if any, of conservation and
management measures on participants in the affected fisheries
and minimize, to the extent practicable, any disadvantage to
United States fishermen in relation to foreign competitors;
(D) with respect to a highly migratory species for which the
United States is authorized to harvest an allocation, quota, or
at a fishing mortality level under a relevant international
fishery agreement, provide fishing vessels of the United States
with a reasonable opportunity to harvest such allocation, quota,
or at such fishing mortality level;
(E) review, on a continuing basis (and promptly whenever a
recommendation pertaining to fishing for highly migratory
species has been made under a relevant international fishery
agreement), and revise as appropriate, the conservation and
management measures included in the plan;
(F) diligently pursue, through international entities (such
as the International Commission for the Conservation of Atlantic
Tunas), comparable international fishery management measures
with respect to fishing for highly migratory species; and
(G) ensure that conservation and management measures under
this subsection--
(i) promote international conservation of the affected
fishery;
(ii) take into consideration traditional fishing
patterns of fishing vessels of the United States and the
operating requirements of the fisheries;
(iii) are fair and equitable in allocating fishing
privileges among United States fishermen and do not have
economic allocation as the sole purpose; and
(iv) promote, to the extent practicable, implementation
of scientific research programs that include the tagging and
release of Atlantic highly migratory species.
(2) Certain fish excluded from ``bycatch'' definition
Notwithstanding section 1802(2) of this title, fish harvested in
a commercial fishery managed by the Secretary under this subsection
or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) that
are not regulatory discards and that are tagged and released alive
under a scientific tagging and release program established by the
Secretary shall not be considered bycatch for purposes of this
chapter.
(h) Repeal or revocation of a fishery management plan
The Secretary may repeal or revoke a fishery management plan for a
fishery under the authority of a Council only if the Council approves
the repeal or revocation by a three-quarters majority of the voting
members of the Council.
(Pub. L. 94-265, title III, Sec. 304, Apr. 13, 1976, 90 Stat. 352; Pub.
L. 97-453, Sec. 7(a), Jan. 12, 1983, 96 Stat. 2487; Pub. L. 99-659,
title I, Sec. 106, Nov. 14, 1986, 100 Stat. 3712; Pub. L. 101-627, title
I, Secs. 110(a), (b)(1), (c), 111(a)(2), 120(d), Nov. 28, 1990, 104
Stat. 4449-4452, 4459; Pub. L. 102-567, title III, Sec. 303, Oct. 29,
1992, 106 Stat. 4283; Pub. L. 103-206, title VII, Sec. 702, Dec. 20,
1993, 107 Stat. 2446; Pub. L. 104-297, title I, Sec. 109(a)-(c), (e)-
(g), (i), Oct. 11, 1996, 110 Stat. 3581-3585, 3587.)
References in Text
Section 661c(b)(1) of title 2, referred to in subsec. (d)(2)(C)(i),
was in the original a reference to ``section 504(b)(1) of the Federal
Credit Reform Act (2 U.S.C. 661c(b)(1))'' and was translated as meaning
section 504(b)(1) of the Federal Credit Reform Act of 1990, to reflect
the probable intent of Congress.
Paragraph (3), referred to in subsec. (f)(1), was repealed by Pub.
L. 104-297, title I, Sec. 109(f), Oct. 11, 1996, 110 Stat. 3585.
The Atlantic Tunas Convention Act of 1975, referred to in subsec.
(g)(2), is Pub. L. 94-70, Aug. 5, 1975, 89 Stat. 385, as amended, which
is classified generally to chapter 16A (Sec. 971 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 971 of this title and Tables.
Amendments
1996--Subsecs. (a), (b). Pub. L. 104-297, Sec. 109(a), added
subsecs. (a) and (b) and struck out former subsecs. (a) which related to
actions by Secretary after receipt of a fishery management plan or
amendment to a plan and (b) which related to implementation of approved
plans and amendments and submission and review of revised plans and
amendments.
Subsec. (c). Pub. L. 104-297, Sec. 109(b)(1), amended heading to
read ``Preparation and review of Secretarial plans''.
Subsec. (c)(1). Pub. L. 104-297, Sec. 109(b)(2)-(4), struck out
``or'' at end of subpar. (A), substituted ``or amendment; or'' for ``or
amendment, as the case may be.'' in subpar. (B), added subpar. (C), and
struck out concluding provisions which read as follows: ``In preparing
any such plan or amendment, the Secretary shall consult with the
Secretary of State with respect to foreign fishing and with the
Secretary of the department in which the Coast Guard is operating with
respect to enforcement at sea. The Secretary shall also prepare such
proposed regulations as he deems necessary or appropriate to carry out
each plan or amendment prepared by him under this paragraph.''
Subsec. (c)(2). Pub. L. 104-297, Sec. 109(b)(5), added par. (2) and
struck out former par. (2) which related to procedures for making
fishery management plans and amendments available for review and
comment.
Subsec. (c)(3). Pub. L. 104-297, Sec. 109(b)(6), (7), inserted ``for
a fishery under the authority of a Council'' after ``paragraph (1)'' and
substituted ``system, including any individual fishing quota program''
for ``system described in section 1853(b)(6) of this title''.
Subsec. (c)(4) to (7). Pub. L. 104-297, Sec. 109(b)(8), added pars.
(4) to (7).
Subsec. (d). Pub. L. 104-297, Sec. 109(c), designated existing
provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 104-297, Sec. 109(e), amended heading and text
of subsec. (e) generally. Prior to amendment, subsec. (e) required
Secretary to initiate and maintain a comprehensive program of fishery
research.
Subsec. (f)(3). Pub. L. 104-297, Sec. 109(f), struck out par. (3)
which related to authority of Secretary over any highly migratory
species fishery that is within the area of authority of more than one of
certain Councils and to the preparation and amendment of fishery
management plans with respect to such fishery.
Subsec. (g). Pub. L. 104-297, Sec. 109(g), added subsec. (g) and
struck out former subsec. (g) which required the Secretary to establish
a 3-year program to assess the impact on fishery resources of incidental
harvest by the shrimp trawl fishery within the authority of the Gulf of
Mexico Fishery Management Council and the South Atlantic Fishery
Management Council.
Subsec. (h). Pub. L. 104-297, Sec. 109(i), added subsec. (h).
1993--Subsec. (g)(6)(B). Pub. L. 103-206 substituted ``April 1,
1994'' for ``January 1, 1994''.
1992--Subsec. (e)(1). Pub. L. 102-567 added par. (1). Former par.
(1) redesignated (2).
Subsec. (e)(2). Pub. L. 102-567 redesignated par. (1) as (2) and
substituted ``(3)'' for ``(2)'' in subpar. (A). Former par. (2)
redesignated (3).
Subsec. (e)(3). Pub. L. 102-567 redesignated par. (2) as (3) and
substituted ``(2)'' for ``(1)'' in introductory provisions. Former par.
(3) redesignated (4).
Subsec. (e)(4). Pub. L. 102-567 redesignated par. (3) as (4) and
substituted ``(2)'' for ``(1)''.
1990--Subsec. (b)(1), (3)(D). Pub. L. 101-627, Sec. 111(a)(2)(A),
(B), substituted ``section 1855(a)'' for ``section 1855(c)''.
Subsec. (c)(2)(B). Pub. L. 101-627, Sec. 120(d), substituted
``appropriate Council'' for ``appropriate council''.
Pub. L. 101-627, Sec. 111(a)(2)(C), substituted ``section 1855(a)''
for ``section 1855(c)''.
Subsec. (e). Pub. L. 101-627, Sec. 110(a), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ``The
Secretary shall initiate and maintain, in cooperation with the Councils,
a comprehensive program of fishery research to carry out and further the
purposes, policy, and provisions of this chapter. Such program shall be
designed to acquire knowledge and information, including statistics, on
fishery conservation and management and on the economics of the
fisheries, including, but not limited to, biological research concerning
the interdependence of fisheries or stocks of fish, the impact of
pollution on fish, the impact of wetland and estuarine degradation, and
other matters bearing upon the abundance and availability of fish. The
Secretary shall annually review and update the comprehensive program and
make the results of the review and update available to the Councils.''
Subsec. (f). Pub. L. 101-627, Sec. 110(b)(1), in heading substituted
``Fisheries under authority of more than one Council'' for
``Miscellaneous duties'', in par. (1) substituted ``Except as provided
in paragraph (3), if'' for ``If'', and added par. (3).
Subsec. (g). Pub. L. 101-627, Sec. 110(c), added subsec. (g).
1986--Subsec. (a)(1). Pub. L. 99-659, Sec. 106(1)(A), struck out
``(the date of receipt of which is hereafter in this section referred to
as the `receipt date')'' after ``by a Council'' in introductory
provisions.
Subsec. (a)(1)(A), (B). Pub. L. 99-659, Sec. 106(1)(B), (C), added
subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C),
respectively.
Subsec. (a)(1)(C). Pub. L. 99-659, Sec. 106(1)(B), (D), redesignated
former subpar. (B) as (C) and substituted ``60-day'' for ``75-day''.
Former subpar. (C) redesignated (D).
Subsec. (a)(1)(D). Pub. L. 99-659, Sec. 106(1)(B), (E), redesignated
former subpar. (C) as (D) and substituted ``15th day'' for ``30th day''.
Subsec. (a)(2). Pub. L. 99-659, Sec. 106(1)(F), substituted
``paragraph (1)(B)'' for ``paragraph (1)(A)'' in introductory provisions
and inserted ``and to fishery access adjustments referred to in section
1853(a)(6) of this title'' in subpar. (C).
Subsec. (a)(3). Pub. L. 99-659, Sec. 106(1)(G), added par. (3).
Subsec. (b)(1)(A). Pub. L. 99-659, Sec. 106(2)(A), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows: ``the
Secretary does not notify the Council in writing of his disapproval, or
partial disapproval, under paragraph (2), of the plan or amendment
before the close of the 95th day after the receipt date; or''.
Subsec. (b)(1)(B). Pub. L. 99-659, Sec. 106(2)(B), substituted
``60th day'' for ``75th day''.
Subsec. (b)(2). Pub. L. 99-659, Sec. 106(2)(C), substituted
``paragraph (1)(B)'' for ``paragraph (1)(A)'' in introductory
provisions.
Subsec. (b)(3)(A). Pub. L. 99-659, Sec. 106(2)(D)(i), inserted
``disapproves a proposed plan or amendment under subsection
(a)(1)(A)(ii) of this section, or''.
Subsec. (b)(3)(B)(i), (C)(i). Pub. L. 99-659, Sec. 106(2)(D)(ii),
substituted ``subsection (a)(1)(B)'' for ``subsection (a)(1)(A)''.
Subsec. (c)(2)(A)(ii). Pub. L. 99-659, Sec. 106(3)(A), substituted
``60-day'' for ``75-day''.
Subsec. (c)(2)(A)(iii). Pub. L. 99-659, Sec. 106(3)(B), substituted
``15th day'' for ``30th day''.
Subsec. (c)(2)(B). Pub. L. 99-659, Sec. 106(3)(C), substituted ``60-
day'' for ``75-day'' in two places.
Subsec. (e). Pub. L. 99-659, Sec. 106(4), inserted ``, in
cooperation with the Councils,'', ``and on the economics of the
fisheries'', and ``The Secretary shall annually review and update the
comprehensive program and make the results of the review and update
available to the Councils.''
1983--Subsec. (a). Pub. L. 97-453, Sec. 7(a)(1), amended subsec. (a)
generally, which had provided that within 60 days after the Secretary
received any fishery management plan, or any amendment to any such plan,
which was prepared by any Council, the Secretary was to review such plan
or amendment pursuant to subsection (b) of this section, notify such
Council in writing of his approval, disapproval, or partial disapproval
of such plan or amendment, and that in the case of disapproval or
partial disapproval, the Secretary was to include in such notification a
statement and explanation of the Secretary's objections and the reasons
therefor, suggestions for improvement, a request to such Council to
change such plan or amendment to satisfy the objections, and a request
to resubmit the plan or amendment, as so modified, to the Secretary
within 45 days after the date on which the Council received such
notification.
Subsec. (b). Pub. L. 97-453, Sec. 7(a)(1), amended subsec. (b)
generally, which had provided that the Secretary was to review any
fishery management plan, and any amendment to any such plan, prepared by
any Council and submitted to him to determine whether it was consistent
with the national standards, the other provisions of this chapter, and
any other applicable law, and that in carrying out such review, the
Secretary was to consult with the Secretary of State with respect to
foreign fishing, and the Secretary of the department in which the Coast
Guard was operating with respect to enforcement at sea.
Subsec. (c)(1). Pub. L. 97-453, Sec. 7(a)(2)(A), in subpar. (B)
substituted ``or disapproves a revised plan or amendment, and the
Council involved fails to submit a revised or further revised plan or
amendment, as the case may be'' for ``and the Council involved fails to
change such plan or amendment in accordance with the notification made
under subsection (a)(2) of this section'', and added to the provisions
following subpar. (B) a requirement that the Secretary also prepare such
proposed regulations as he deems necessary or appropriate to carry out
each plan or amendment prepared by him under this paragraph.
Subsec. (c)(2). Pub. L. 97-453, Sec. 7(a)(2)(B), amended par. (2)
generally, which had provided that whenever, pursuant to paragraph (1),
the Secretary prepared a fishery management plan or amendment, the
Secretary was to promptly transmit such plan or amendment to the
appropriate Council for consideration and comment, that within 45 days
after the date of receipt of such plan or amendment, the appropriate
Council could recommend, to the Secretary, changes in such plan or
amendment, consistent with the national standards, the other provisions
of this chapter, and any other applicable law, and that after the
expiration of such 45-day period, the Secretary could implement such
plan or amendment pursuant to section 1855 of this title.
Subsec. (d). Pub. L. 97-453, Sec. 7(a)(3), inserted provisions
relating to agreements with the States for the administration of the
permit system and the permissible accrual to the States of fees
collected under the system.
Effective Date of 1983 Amendment
Section 7(b) of Pub. L. 97-453 provided that: ``The amendments made
by subsection (a) [amending this section] shall only apply with respect
to fishery management plans and amendments thereto that are initially
submitted to the Secretary of Commerce on or after the date of the
enactment of this Act [Jan. 12, 1983] for action under section 304 [this
section].''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and Fisheries,
see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding
section 21 of Title 2, The Congress.
Delay of Collection of Fees in Quahog and Wreckfish Fisheries
Section 109(d) of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996,
110 Stat. 3009, 3009-41, provided that: ``Notwithstanding any other
provision of law, the Secretary shall not begin the collection of fees
under section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and
Management Act [16 U.S.C. 1854(d)(2)], as amended by this Act, in the
surf clam and ocean (including mahogany) quahog fishery or in the
wreckfish fishery until after January 1, 2000.''
Comprehensive Management System for Atlantic Pelagic Longline Fishery
Section 109(h) of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996,
110 Stat. 3009, 3009-41, provided that:
``(1) The Secretary of Commerce shall--
``(A) establish an advisory panel under section 302(g)(4) of the
Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
1852(g)(4)], as amended by this Act, for pelagic longline fishing
vessels that participate in fisheries for Atlantic highly migratory
species;
``(B) conduct surveys and workshops with affected fishery
participants to provide information and identify options for future
management programs;
``(C) to the extent practicable and necessary for the evaluation
of options for a comprehensive management system, recover vessel
production records; and
``(D) complete by January 1, 1998, a comprehensive study on the
feasibility of implementing a comprehensive management system for
pelagic longline fishing vessels that participate in fisheries for
Atlantic highly migratory species, including, but not limited to,
individual fishing quota programs and other limited access systems.
``(2) Based on the study under paragraph (1)(D) and consistent with
the requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), in cooperation with affected
participants in the fishery, the United States Commissioners on the
International Commission for the Conservation of Atlantic Tunas, and the
advisory panel established under paragraph (1)(A), the Secretary of
Commerce may, after October 1, 1998, implement a comprehensive
management system pursuant to section 304 of such Act (16 U.S.C. 1854)
for pelagic longline fishing vessels that participate in fisheries for
Atlantic highly migratory species. Such a system may not implement an
individual fishing quota program until after October 1, 2000.''
Inapplicability of Subsection (h) to American Lobster Fishery Management
Plan
Section 109(j) of Pub. L. 104-297, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996,
110 Stat. 3009, 3009-41, provided that: ``Section 304(h) of the
Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
1854(h)], as amended by this Act, shall not apply to the American
Lobster Fishery Management Plan.''
Interim Management of Highly Migratory Species Fisheries
Section 108(k) of Pub. L. 101-627, as amended by Pub. L. 104-208,
div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996,
110 Stat. 3009, 3009-41, provided that: ``Notwithstanding the amendments
made by subsections (a) and (g) [amending section 1852 of this title],
any fishery management plan or amendment which--
``(1) addresses a highly migratory species fishery to which
section 304(f)(3) of the Magnuson-Stevens Fishery Conservation and
Management Act [former 16 U.S.C. 1854(f)(3)] (as amended by this
Act) applies,
``(2) was prepared by one or more Regional Fishery Management
Councils, and
``(3) was in force and effect on January 1, 1990,
shall remain in force and effect until superseded by a fishery
management plan prepared by the Secretary, and regulations implementing
that plan.''
Section Referred to in Other Sections
This section is referred to in sections 1821, 1852, 1853, 1855,
1861a, 1862 of this title.
